Arvind Kr. Sahni @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15114 of 2023 Arising Out of PS. Case No.-267 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== ARVIND KR. SAHNI @ ARVIND KUMAR Son of Ram Shresth Sahni R/vKaranpur Uttary, P.S.- Bochha, District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 323, 307, 504, 505, 506 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the supporters of ExMukhiya Ramshresth Sahni has en-circled the present Mukhiya and the dispute was caused by supporters of Ramshresth Sahni with reference to removing of vehicle, both the parties shot fired at each other and due to the same one Rahul Kumar suffered bullet injuries in his stomach, Abhishek Kumar suffered nose injuries, Indrajeet Kumar suffered bullet injuries on his hip. It is further alleged that supporters of both the Mukhiya's caused law

Patna High Court CR. MISC. No.15114 of 2023(3) dt.16-05-2023 2/3 and order problem committed riot and also fired at each other. It was disclosed by Baby Patel that petitioner fired upon Indrajeet Kumar, due to which he injured and Vikram Sahni and Santosh Sahni and 8-10 unknown persons were with him. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner. He submitted that on the relevant time a clash between the supporters of present Mukhiya and Ex-Mukhiya, firing took place from both sides and due to which members of both sides sustained injuries.

That actual fact is that some hot discussion took place due to parking of Bolero of Baby Patel, upon which Baby Patel called on her supporter on mobile phone at the alleged place of occurrence and her supporter came there and fired due to which some person were injured. This fact is also supported by a number of witnesses during investigation in their respective statement given under Section 161 of the Cr.P.C., only to save her own skin, she named the petitioner, who is son of her rival candidate. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.12.2022.

Patna High Court CR. MISC. No.15114 of 2023(3) dt.16-05-2023 3/3 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Bochahan P.S. Case No. 267 of 2021.

(Sunil Kumar Panwar, J) arish/- U T